2007-06-26
COUNCIL MINUTES Council Chamber, Civic Centre
ROLL
CALL
Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (12)
REGRET
Councillor J. Virgilio.
The Regular
Meeting of Council was held on June 26, 2007 at 7:00 p.m. in
STAFF
J. Livey, Chief Administrative Officer
J. Baird, Commissioner of Development Services
A. Taylor, Commissioner of Corporate Services
S. Birrell, Town Clerk
K. Kitteringham, Deputy Clerk
C. Conrad, Town Solicitor
B. Cribbett, Treasurer
B. Nanninga, Executive Assistant
P. Loukes, Director of Operations
A. Seabrooke, Director of Strategic Services
J. Wong, Technology Support Specialist
1. DISCLOSURE OF PECUNIARY INTEREST
Regional Councillor G. Landon and Councillor J. Webster declared a conflict of interest with respect to Clause (12), Report No. 44 (The Markhaven Foundation) as they both sit on the Board of Directors for the Foundation, and did not take part in the consideration or discussion of or vote on the question of the approval of such matter.
Moved by Councillor A. Chiu
Seconded by Councillor E. Shapero
That the Minutes of the Council Meeting held on June 12, 2007, be adopted.
CARRIED
Council honoured and congratulated the recipients of the Millennium Scholarship Foundation Entrance Award.
There are three levels of entrance awards:
National - 100 awards of $5,000,
renewable to a maximum of $20,000.
Provincial/Territorial - 241
awards of $4,000, renewable to a maximum of $16,000.
Local - 711 one-time awards of
$4,000.
Local and regional awards are distributed in
each province and territory based on their share of the Canadian population,
while national awards are allocated to the most exceptional applicants across
the country, regardless of provincial and territorial quotas.
Names |
Award Levels |
Balendra, Vyshnavy |
Local |
Chan, Chrystal |
Local |
Cui, Xiao Carol |
Provincial |
Dhillon, Ambreen |
Local |
Jung, Jeffrey |
Local |
Lalani, Farah |
Local |
Lin, Tinya |
Local |
Lu, Sophia |
Local |
Marisetti, Aditi |
Provincial |
Pak, Catherine |
Local |
Su, Janet |
Local |
Whittamore, Taylor |
Provincial |
Council recognized and thanked the following Co-Chairs for their
significant contributions to the Mayor's Youth Task Force. Council also extended their best wishes and
wish them every success as they leave to go to university.
Ben Bigio - 7 years
Aditi Marisetti - 3 years
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
Petitions signed by the property owners on Carolwood Crescent and Palatin Court to request the Town of Markham conduct a feasibility study with respect to the provision of municipal water services on their properties.
CARRIED
RECEIVED AND REFERRED TO
DIRECTOR OF ASSET MANAGEMENT
Moved by Councillor D. Horchik
Seconded by Councillor V. Burke
Petitions signed by the residents on Finchley Circle to request the Town of Markham resolve the infestation of caterpillars on their street be received and referred to the Director of Operations.
CARRIED
RECEIVED AND REFERRED TO
DIRECTOR OF OPERATIONS
Council consented to separate
Clauses (10), (11) and (15).
Moved by Councillor A. Chiu
Seconded by Councillor E. Shapero
That Report No. 39 - General Committee be received and adopted.
That the
presentation by Mr. P. Miller, Chair, Information Markham, regarding Tourism
Markham be received and that the $4,750 originally budgeted by the Town for the
program be released to Information Markham.
That
the report titled “Development Charges Indexing July 1, 2007” be received;
And
that Council approve an increase in development charges of 2.8%, effective July
1, 2007.
That
the report titled “Development Charge Deferral – Box Grove Hill Developments
Inc.” be received;
And
that the Mayor and Clerk be authorized to execute an agreement with Box Grove
Hill Developments Inc for the deferral of the Town Wide Hard and Area Specific
development charges on 2.884 hectares of land pending the approval of the land
severance application B16/07 on Block 185, Plan 65M-3907, in a form
satisfactory to the Town Solicitor;
And
that the agreement provide that the Town Wide Hard and Area Specific
Development Charge be deferred pending the approval of the land severance
application B16/07 to be considered by the Committee of Adjustment on June 13,
2007;
And
that the agreement provide that in the event the land severance application is
not approved, that the Town Wide Hard and Area Specific Development Charges be
immediately payable on the 2.884 hectares;
And
that the agreement provide that in the event the land severance application is
not approved, and Box Grove Hill Developments Inc. does not provide payment,
that the Town Wide Hard and Area Specific Development Charges on the 2.884
hectares be added to the tax roll in accordance with section 32 of the Development Charges Act, 1997;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
That
the report dated June 11, 2007 entitled “Sponsorship of the 2007 Canadian
Chamber of Commerce Annual General Meeting in Markham” be received;
And
that the Town of Markham sponsors the Canadian Chamber of Commerce event in
2007, in the amount of $10,000;
And
that the one-time funding be provided for from the Corporate Contingency
account, 840-841-7849;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
That the report entitled “Award of Tender 052-T-07, Construction of Villages of Fairtree Community
Park” be received;
And that the contract for Tender 052-T-07 for the construction of Villages of
Fairtree Community Park be awarded to the lowest priced qualified bidder,
Gateman-Milloy Inc. in the amount of $1,368,321.79, exclusive of GST;
And that a contingency in the amount of $136,832.00
exclusive of GST, be established to cover any additional construction and
consultant costs and that the Director of Planning and Urban Design be authorized
to approve expenditure of this contingency amount up to the specified limit and
to provide a monthly statement of these expenditures to the Town Treasurer;
And that the award be funded from Planning and Urban
Design’s Capital Budget account 81-5350-6259-005, Villages of Fairtree
Community Park in the amount of $1,445,900.00 and account 81-5350-6654-005,
Wismer Neighborhood Park 3 in the amount of $149,863;
And that upon payment of all invoices associated with this
project, any remaining funds will be returned to the original funding sources.
And further that staff be authorized and directed to do all things necessary to give
effect to this resolution.
That
the report entitled “Award of Tender 060-T-07, Construction of Orchard View
Neighbourhood Park” be received;
And
that the contract for Tender 060-T-07 for the construction of Orchard View
Neighbourhood Park be awarded to the lowest priced bidder, Zuron Construction
Inc in the amount of $405,312.72 exclusive of a $40,531.00 contingency and GST;
And
that a consultant and construction contingency amount of $40,531.00 exclusive
of GST, be established to cover additional consultant/construction costs and
that the Director of Planning & Urban Design or designate be authorized to
approve expenditures of this contingency amount up to the specified amount in
accordance with the Expenditure Control Policy;
And
that staff be authorized to issue a PO in the amount of $28,788.76 for Madison
Homes Ltd. for financing the design work of Orchard View Neighbourhood Park;
And
that staff be authorized to retain Cosburn Giberson for contract administration
services in the amount of $15,500 on a non-competitive procurement basis
pursuant to Purchasing By-law 2004-341, Part II, Section 7 (1c);
And
that the above be funded from Planning and Urban Design’s Capital Budget
account
81-5350-7626-005,
Greensborough N.P. Orchard View in the amount of $494,400.00 and account
81-5350-6654-005, Wismer Neighbourhood Park 3 in the amount of $33,172.48;
And
that upon payment of all invoices associated with this project, any remaining
funds will be returned to the original funding sources;
And
that further staff be authorized and directed to do all things necessary to
give effect to this resolution.
That the report entitled “Extension of Contract
133-T-06 CCTV Inspection of Sanitary and Storm Sewer Mains” be received;
And that Contract 133-T-06 for CCTV
Inspection of Sanitary and Storm Sewer Mains be extended for Two (2) years with
Veolia ES Sewer Services Inc. in the estimated annual amount of $300,000
totalling $600,000, exclusive of GST;
And that funds for this contract for the 2007
period be drawn fro the 2007 Capital and Operating Budget Accounts as listed in
the financial considerations in the amount of $300,000, exclusive of GST;
And that funds for this contract for the 2008
period, in the amount of $300,000, exclusive of GST, be included in the 2008
budget discussion and subject to Council approval;
And that the remaining balance be applied to
other sanitary and storm sewer main projects;
And that staff be authorized and directed to
do all things necessary to give effect to this resolution.
That
authority to enact temporary parking restrictions and road closures, as
required to address traffic circulation for the 2007 Bell Canada Open at Angus
Glen Golf Club, be delegated to the Commissioner of Community and Fire Services
or designate;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
That
the Annual (2006) Summary Report to Council as required by Schedule 22 of
Ontario Regulation 170/03 enclosed herein be received;
And
that the Annual (2006) Regulatory Report to Ministry of the Environment
(MOE) (Attachment “A”), comprised of Parts I, II & III – Form 2,
III-Form 6 for the Ministry of the Environment on water supply and quality as
required by Section 11 of Ontario Regulation 170/03 be received;
And
that Council directs staff to post the Annual (2006) Regulatory Report to
MOE on the Town’s website and that it be made available and provided to
residents upon request in hard copy version;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
That
Council endorse the proposed strategy to implement a backflow prevention and
cross-connection control program for protection of the Markham drinking-water
system as set out in this report;
And
that Council enact a By-law to regulate cross-connections and backflow
prevention on private plumbing systems in a form substantially similar to
Attachment “B”;
And
that staff be authorized and directed to review and bring forward for
consideration technologies that can reduce the risk and impact of contamination
of the drinking-water system due to backflows originating from those properties
that are currently exempted from the provisions of the By-law;
And
further that Staff be authorized and directed to do all things necessary to give
effect to this resolution.
(By-law
2007-142)
CARRIED
That
the report titled, “Community Reuse Donation Centre Program Expansion” be
received;
And
further that staff be authorized to locate a Goodwill Community Reuse Donation
Centre trailer adjacent to the Markham Village Recycling Depot, similar to that
which is located in Thornhill.
CARRIED
That
the report titled “Proposed Restructuring of Recreation Hall Rates” be
received;
And
that the proposed Restructuring of Recreation Hall Rates be approved and
implemented September 1, 2007;
And
that Council approve and authorize the Director of Recreation Services to
increase fees annually based on the change in the Consumer Price Index (CPI)
with such increases effective September 1 and rounded to the nearest ½ dollar
(see Appendix D);
And
that By-law 2002-276, a by-law to impose fees and charges for services or
activities provided or done by the Town of Markham, be amended to reflect the
new rates;
And
further that notice to the public is provided in accordance with By-law
2002-275, a by-law to prescribe the form and manner and times for the provision
of reasonable notice;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
(By-law
2007-143)
That
the report entitled “2007-2008 Ice Allocation Report” be received;
And
that Council approve the revised Ice Allocation Policy (Appendix A – note
changes have been highlighted);
And
that Council approve the Ice Allocation Schedule (Appendix B) for the 2007-2008
ice season;
And
that Council receive the Special Events List (Appendix C) for the 2007-2008 ice
season;
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
Whereas the Town of Markham has a goal to
divert 70% of its residential waste from landfill;
And Whereas staff has applied for project
funding from the Federation of Canadian Municipalities Green Municipal Enabling
Fund and Stewardship Ontario’s Effectiveness & Efficiency Fund;
Be It Now Resolved That the report titled,
“2006 Mission Green Program Update and Proposed 2007 Pilot Projects” be
received;
And that Markham’s diversion target be
increased from 70% to 75% in 2009;
And that staff be authorized to proceed with
developing a pilot project to test the acceptance, compliance and potential
diversion impact of residents using transparent bags for curbside residue and
blue bags for overflow recycling;
And that the Region of York be requested to
support Markham’s transparent bag pilot by accepting for recycling, the
overflow blue bags from the pilot area, at the Region’s recycling facility;
And that staff be authorized to proceed with
developing a “Litter Lid” pilot project to test a new style of blue box cover
as a potential method for decreasing blue box litter and increasing blue box
recycling capacity;
And that staff report back on the addition of
a third area for the pilot in which transparent bags are used for curbside
residue;
And that staff bring back information on
alternatives for recycling bins and that they include the possibility of using
a larger blue bin with wheels as well as a “blue sticker” that could be affixed
to household bins;
And that the costs to conduct the proposed
pilot projects not funded from the Green Municipal Enabling Fund or the
Stewardship Ontario Effectiveness & Efficiency Fund, to the upset limit of
$49,000, be offset by favourable 2007 Waste Diversion Ontario Blue Box funding;
And further that Staff be authorized and
directed to do all things necessary to give effect to this resolution.
That the staff report entitled “Turf Maintenance Report” be received;
And that the implementation of cultural practices on Town properties as part of the Operations Department’s turf maintenance program be approved in principle;
And that Council approve implementation of Year One of the proposed Five Year Turf Standards Implementation Plan attached as Appendix “A”, at a cost of $88,423.00 in the 2007 Parks/Operations Operating Budget (Account #730-732-5415), and $200,000.00 in the 2007 Parks/Operations Capital Budget (Enhanced Cultural Practices – Account #059-5350-7503-005);
And that years two to five of the Five Year Turf Standards Implementation Plan (Appendix “A”) be included annually in the Parks/Operations Operating and Capital Budget submissions from 2008 to 2011 for Council’s consideration;
And that staff
be authorized to engage an organic turf management company to address the issue
of weeds;
And that staff
be authorized to implement Sports field Rehabilitation Strategy 2 for up to ten (10) “B” level sports
fields with greater than 50% weed populations, as
outlined in the "Turf Maintenance Report";
And that Development Services incorporate recommendations from the Operations Department to improve both the design and construction practices for new sports field construction in all new park construction projects;
And that the Director of Strategic Services work with the Development Services Commission to identify opportunities to accelerate construction of new sports fields in new subdivisions;
And that the Director of Strategic Services work with the Operations Department the Markham Sports Council, and Sport Field user groups to develop new policies on use of sports fields and report back to Committee and Council in the fall of 2007 with recommendations for implementation in 2008;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED AS AMENDED
(See following motion to amend)
Moved
by Regional Councillor J. Heath
Seconded by Deputy Mayor J. Jones
That Clause (15) be amended to delete the following paragraph 5 in its entirety:
"That staff be authorized to engage an organic turf management
company to address the issue of weeds and pesticides and that the spraying of
weeds and pesticides in 2007 be utilized only as a method of last resort;"
And that the following be added as paragraphs 5 and 6:
"And
that staff be authorized to engage an organic turf management company to
address the issue of weeds;
And
that staff be authorized to implement Sports field Rehabilitation Strategy
2 for up to ten
(10) “B” level sports fields with greater than 50% weed populations, as outlined in the "Turf Maintenance Report";"
CARRIED
That
the report titled, “Waste Diversion Opportunities and York Durham EA
Information” be received,
And
that staff be directed to investigate and report back on the diversion
initiatives outlined in this report,
And
that the Markham’s Waste Management staff work with the Purchasing and Asset
Management Departments to investigate and report back on a Zero Waste
procurement policy for all purchasing activities within the Town, including
financial implications,
And that a copy of this Report be forwarded
to York Region, Durham Region, and each of the Area Municipalities in the
Regions of York and Durham;
And that staff bring forward a report to provide
comprehensive details on the implementation and communication of a Zero Waste
philosophy as well as additional waste diversion opportunities to a fall
meeting of the General Committee;
And further that this report include a
recommendation suggesting that the Region of York reconsider accepting blue
bags for overflow recycling waste.
CARRIED
Council
consented to separate Clauses (2), (7), (8) and (9).
Moved by Councillor A. Chiu
Seconded by Councillor E. Shapero
That Report No. 40 - General Committee be received and adopted.
That residential taxes totalling $494,104.00
be adjusted under Section 357 (in the amount of $355,680.21) and Section
358 (in the amount of $138,423.79) of the Municipal Act, 2001 of which the Town’s portion is estimated
to be $123,971.46.
And that the associated interest be cancelled
in proportion to the tax adjustments;
And that the Treasurer be directed to adjust
the Collector’s Roll accordingly;
And that staff be authorized and directed to
do all things necessary to give effect to this resolution.
That Mr. Michael Khan be appointed to the
Markham Advisory Committee on Accessibility for a term to expire November 30,
2010;
And that the following individuals be
appointed to the Markham Conservation Committee for a term to expire November
30, 2010:
And that the resignation of Mr. Tom Allan from
the Markham Theatre Advisory Board be accepted with regret.
CARRIED
That the report entitled “Markham Food Bank:
Request for Funding” be received
And that the Markham Food Bank be given a
one-time grant in the amount of $8,925 to cover 50% of their gross lease
expenses for the period of April 1, 2007 to March 31, 2008;
And that the grant of $8,925 be funded from
the Corporate Contingency Account #84841-7849;
And that an annual grant to the Markham Food
Bank be considered as part of the annual operating budget process;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
That the report entitled “Extension of
Contract 032-R-05, Wastewater Collection System Rehabilitation and Maintenance
on Various Streets” be received;
And that the contract with LiguiForce
Services (Ontario) Inc. for “Wastewater Collection System Rehabilitation and
Maintenance on Various Streets” be extended for one (1) additional year in the
amount of $1,432,500.00, exclusive of GST to expire on July 01, 2008 at the
same terms, conditions and 2005 itemized prices;
And that the award be funded from 2007
Waterworks Capital Budget Account, 53-6150-7670-005, Sewer System Upgrades in
the amount of $1,432,500.00;
And that staff be authorized and directed to
do all things necessary to give effect to this resolution.
That the report entitled “Award of Tender 029-T-07
Routine & Emergency Sewer and Watermain Repairs” be received;
And that tender 029-T-07 for Routine &
Emergency Sewer and Watermain Repairs be awarded to the lowest priced bidder,
Finch Paving (1993) Inc. for an estimated contract value totalling $2,866,899.60
exclusive of GST, for a period of four (4) years;
And that funds for this contract for the 2007
period (July to December) be drawn from the 2007 Operating Budget Accounts as
listed in Appendix ‘A’ in the amount of $359,830, exclusive of GST;
And that the following 2008-2010
estimated costs be provided for within the respective years budget submission
for the Waterworks Department;
And that the remaining balance be applied to
other waterworks projects;
And that staff be authorized and directed to
do all things necessary to give effect to this resolution;
And that staff bring forward a
list of upcoming projects to a forthcoming meeting of the General Committee for
approval.
That the report entitled “Procedural By-law
Governing the Delegation of Authority to Real Property Matters” be received;
And that approval for the acquisition,
disposition, lease or license of real property that do not contravene the objectives of Council be delegated to
the Chief Administration Officer or designate, within the limitations set out
in this report;
And that a memorandum be
circulated to all Members of Councillor prior to any action being undertaken by
staff;
And that, as a result, staff not
report to Council on a bi-annual basis;
And that Council enact a By-law to provide
for the delegation of authority for those real property matters set out in the
draft By-law attached to this report;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
(By-law 2007-144)
That the report entitled “Angus Glen
Overnight Parking Permit Program” be received;
And that the Parking Control By-law be
amended to permit overnight parking within the Angus Glen Subdivision subject
to a fee of $30.00 per month for each vehicle;
That Staff report back on the
hiring of additional parking officers to enforce overnight permit parking
throughout the Town of Markham;
And that staff be authorized and directed to
do all things necessary to give effect to this resolution.
(By-law
2007-145)
CARRIED
Report By-law 1 Update
Memo & Revised By-law
That the report entitled “Report on Pesticide
By-law Regulating the Non-Essential Use of Pesticides” be received;
That Council enact the By-law attached as
Appendix 1 to this report to regulate the non-essential use of pesticide on
public and private property;
That funding from the Pesticide Education
account # 730 998 4238 (approximately $30,000) and any remaining funds from the
account for a moderator #77 5399 6808 005 (approximately $3,000) to be used for
an education program on the By-law and alternative lawn care practices in 2007;
That a
Committee be formed with representatives from Operations, Strategic
Services, Communications departments and include the Chair of the Markham Environmental Issues Committee, and the Chair of
the Markham Communications Committee to direct an education and communications
program;
And that funding in the amount of $100,000 be
pre-approved for the 2008 capital budget for a comprehensive
education/communications program;
And that Item 2(b), xiii within
the proposed By-law be amended to add “…and that all records be submitted to
the Town Clerk on an annual basis.” to the end of the paragraph;
And that Item 2(b), xiv; “To
control vegetation growth within a hydro transmission station or hydro corridor
provided such use or application is permitted only under the direction of an
IPM Accredited Agent” be deleted;
And that staff explore
opportunities to disseminate information the Town currently has on the matter
of maintaining a healthy lawn without the use of pesticides;
And that a letter of thanks be
forwarded to all current members of the Pesticide Reduction Steering Committee;
And that the annual pesticide audit
documentation and resulting reports be forwarded to Council, in a summary
report, annually;
And that Mr. Frank Reddick of Turf Logic Inc.
be invited to attend a General Committee meeting in September, 2007, to make a
deputation regarding the pesticide by-law’s treatment of grubs and chinch bugs;
and, that subsequent to this deputation, staff be requested to report back to
the General Committee on the issue;
And that staff be directed to do all things
necessary to give effect to this resolution.
(By-law 2007-146)
(Communication 50-2007)
CARRIED AS AMENDED
(See following record vote) (12:0)
(See following motion to amend)
YEAS: Mayor F. Scarpitti, Deputy Mayor J. Jones, Regional Councillor J. Heath, Regional Councillor T. Wong, Regional Councillor G. Landon, Councillor V. Burke, Councillor E. Shapero, Councillor C. Moretti, Councillor J. Webster, Councillor D. Horchik, Councillor L. Kanapathi, Councillor A. Chiu. (12)
ABSENT: Councillor J. Virgilio
Moved by Regional Councillor T. Wong
Seconded by Councillor D. Horchik
That Clause (8) be amended to delete the following paragraph:
"And that the By-law be
reviewed after January 2011;"
And that the following paragraphs be added;
"And that the annual pesticide audit
documentation and resulting reports be forwarded to Council, in a summary
report, annually.
And that Mr. Frank Reddick of Turf Logic Inc. be invited to attend a
General Committee meeting in September, 2007, to make a deputation regarding
the pesticide by-law’s treatment of grubs and chinch bugs; and, that subsequent
to this deputation, staff be requested to report back to the General Committee
on the issue. "
CARRIED
That the report titled “Canadian Sports
Institute” be received;
And that Council endorses, in principle, the
hosting of CSIO facility in Markham;
And that the Town of Markham support, in
principle, a cash contribution of $55.5 million, in-kind contributions with a
value of $13 million (projected for 10 years), which includes land at $7
million and Municipal property tax avoidance of $6 million, subject to
confirmation of financial commitments from other levels of government and stakeholders;
And that additional $100,000 be provided to
support any further analysis, to be funded from the Corporate Stabilization
Reserve;
And that authorization be granted for the
Town, in conjunction with the CSCO, to approach the Federal and Provincial
governments and other potential stakeholders for financial and non-financial
support;
And further that CSIO steering committee and staff
report back to General Committee on an ongoing basis with progress.
CARRIED
That interim responsibility for the
Commissioner of Community and Fire Services be divided into two areas and that
Mr. Peter Loukes be appointed as the director responsible for Operations and
Water Works and Mr. Allan Seabrooke be appointed as the director responsible
for Library Services, Fire Services, Recreation and Culture.
CARRIED
Council consented to separate Clauses (1) and (8).
Moved by Deputy Mayor J. Jones
Seconded by Councillor J. Webster
That Report No. 41 - Development Services Committee be received and
adopted.
That the report to Development Services Committee, entitled “"Design,
Construction and Financing of Three Parks in Phase 1 of the
Cathedral Town Community by Cathedral Town Ltd. and 404 Developments Inc.” be
received;
And that Council approve the request by Cathedral Town Ltd., and 404
Developments Inc. to finance the cost of design, construction and contract
administration of three parks known as ‘the Arboretum’, ‘Park Square’ and ‘Panorama
Park’ (Blocks 121, 122 and 123, respectively on Plan 65M-3830) in Phase 1
within the Cathedral Town Community, subject to the following conditions:
And further that staff be authorized and
directed to do all things necessary to give effect to this resolution.
CARRIED
That the report entitled “Naming
of the Woodbine Avenue By-Pass Road and Renaming of the Future By-Passed
Section of Woodbine Avenue”, dated June 19, 2007, be received;
And that the Town of Markham
request the Region of York to name the future by-passed section of Woodbine
Avenue north of Major Mackenzie Drive and south of 19th Avenue as
Victoria Square Boulevard;
And further that Staff be authorized and
directed to do all things necessary to give effect to this resolution.
That the report entitled “Building
Encroachments into Municipal Easement, Mattamy Developments (Wykland Estates)
Plan 65M-3884, Lots 59, 60 and 64” be received;
And that a by-law be enacted to release and
abandon the municipal servicing easement over Parts 2, 3, 6, 7, 10 and 11 as
shown on Plan 65R-29899;
And that the Town Solicitor be authorized to
approve and execute the necessary release and abandonment of easement in
respect of Parts 2, 3, 6, 7, 10 and 11 on Plan 65R-29899;
And that Ballantry Homes satisfy the Town
Solicitor that it will be responsible for the preparation of all necessary
transfers, reference or survey plans, fees, environmental clearances and all
other documents and for all costs incurred by the Town related to the builders
encroachment into the municipal servicing easement and the release and
abandonment of the easement;
And that Ballantry Homes pay to the Town the
amount of $15,000 (3 lots @ $5000 each) as compensation towards potential
future increased maintenance and repair costs as a result of the reduced
easement width on Lots 59, 60 and 64 on Plan 65M-3884, to be deposited in the
Community Services Commission Operating Reserves Account;
And that Ballantry Homes pay the Town’s Legal
and Engineering fees associated with these transactions in the upset amount of
$4,500 ($1,500/lot);
And that the Building Standards, Engineering
and Planning Departments pursue measures with the development industry to
prevent the encroachment of buildings in municipal easements;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
(By-law 2007-147)
That the staff report dated June 19, 2007
entitled “Naam Group Inc., South-west corner of Rodick Road and Yorktech Drive,
Deeming By-law”, be received;
And that Council enact the By-law attached as
Appendix “A” to deem Lots 3 and 4, Registered Plan 65M-2755, not to be part of
a registered plan of subdivision;
And that staff take appropriate action as
required under Section 50 of the Planning Act;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
(By-law 2007-148)
That the report entitled
“Renaming of Highway 7 within the Town of Markham”, dated June 19, 2007, be
received;
And that consideration of the following clauses be deferred until
September, 2007 to consider alternative naming options:
“And that the
Town of Markham request the Region of York to consider options for renaming the
section of Highway 7 within the Town of Markham under the Region’s jurisdiction
from “Highway 7” to a name more representative of an urban arterial road than a
Provincial Highway;
And that the
Region consult with other York Region municipalities (Vaughan and Richmond
Hill) and adjacent Regions and municipalities that also have Highway 7
frontage, and with the public and area businesses;
And that one
of the options considered be the possible renaming of Highway 7 to Avenue 7;”
And that the Town request the
Region of York to initiate a request to the Ministry of Transportation for the
transfer of the Provincially owned section of Highway 7 in the Town of Markham
to the Region of York.
That Council has no objection to the owner of
128 Markham Main Street North receiving the maximum grant available from the
Markham Commercial Façade Improvement Grant Program, provided that the
applicant meets all other applicable requirements;
And that the Mayor and the Clerk be
authorized to execute a Heritage Conservation Easement Agreement between the
property owner of 128 Markham Main Street North, and the Town;
And that the three capital planning budgets
related to Heritage Districts, Façade Improvement/ Sign replacement program
(80-5350-3511-005 / 80-6150-6633-005 / 80-6150-7050-005) be consolidated into
80-6150-6633-005;
That the grant be funded through the
consolidated Heritage Districts, Façade Improvement / Sign replacement program
Capital Account (080-6150-6633-005) (see pg. 2) up to the maximum of
$15,000.00;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
That the Conceptual Built Form Master Plan for the commercial lands on
the Miller Paving Limited property be received;
And that the attached Zoning By-law amendments be enacted.
(By-laws 2007-149 and 2007-150)
Report
Appendix
A-C Appendix
D Correspondence
That the report entitled “Thornhill Markham
Heritage Conservation District Plan – Revised Plan 2007” be received;
And that the correspondence from Ms. L.
Harrison, 24 Deanbank Drive, Mr. M. Bishop, 129 John Street, Mr. G. Swinkin,
Cassels and Graydon LLP, on behalf of 1547155 Ontario Ltd, 7751 Yonge Street,
Mr. and Ms. Bryce, 7699 Yonge Street and Mr. and. Ms. Long, 159 John Street, be
received;
And that the revised Thornhill-Markham
Heritage Conservation District Plan (2007) and District Inventory (2007), be
endorsed;
And that the By-law (attached as Appendix A)
to amend the existing Thornhill-Markham Heritage Conservation District Plan
By-law (270-86) by incorporating the revised Thornhill Markham Heritage
Conservation District Plan (2007) and District Inventory (2007), together with
the 1986 Study, be enacted, with a number of minor typographical corrections,
save and except for the 12 metre maximum height provisions for buildings on
Yonge Street, and any other inconsistencies with the Thornhill Secondary Plan,
which will be enacted following appropriate amendments to the Thornhill
Secondary Plan;
And that as per Section 41.1 (3) of the Ontario Heritage Act, Council shall cause notice of the
by-law to be served on each owner of property located in the heritage
conservation district and the Ontario Heritage Trust, and to be published in a
newspaper having general circulation in the municipality;
And that if there are any objections to the
By-law under Section 41.1 (4) of the Ontario Heritage Act,
the Town Solicitor be directed to appear before the Ontario Municipal Board to
defend the By-law;
And that Council consents to the removal of
the word ‘commercial’ in reference to the type of building subject to the
maximum height of buildings on Yonge Street in the Heritage District to ensure
that any type of building would be subject to the height restriction;
And that a public meeting be held on
September 4, 2007 to amend the Thornhill Secondary Plan in order to achieve
consistency between it and the Revised Thornhill-Markham Heritage Conservation
District Plan (2007), including consistent provisions in both documents
relating to height, including the maximum 12 metre height provision for
buildings on Yonge Street;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution;
And that staff be directed to examine various
options including a matching grant program or enhanced loan program for
non-commercial designated properties to assist in heritage restoration
projects, potentially using some of the monies currently allocated to the
Heritage Loan Fund.
(By-law 2007-151)
CARRIED
That the report dated June 19,
2007, entitled “Stringbridge Investments Limited, 3495 Highway 7 (south side,
west of Town Centre Blvd), Application for Site Plan Approval for a 4-storey office
building, File No. SC 06 135995,”
be received;
And that the application for site plan
approval be endorsed, in principle,
subject to the conditions attached as Appendix “A” and the following:
And that Council authorize the enactment of a by-law to remove the Hold
Provisions H1 and H2 from the zoning of
the subject lands, upon application by the Owner, once the conditions outlined in the staff
report have been satisfied;
And that the Mayor and Clerk be authorized to execute a hoarding
agreement, in a form satisfactory to the Town Solicitor and the Commissioner of
Development Services, with Stringbridge Investments Limited;
And that this endorsement shall lapse and
site plan approval will not be issued, after a period of three years commencing
June 19, 2007, in the event that the site plan agreement is not executed within
that period;
And that Staff be authorized and directed to do all things necessary to
give effect to this resolution.
That a Subcommittee of Development Services
Committee be established to review the continued appropriateness of the Town’s
current strategy for second suites and to investigate whether options for a
strategy that would apply wider zoning permissions for second suites should be
considered for public review and input;
And that the Subcommittee include a
cross-section of members of the Development Services Committee, as outlined in
this report;
And that the Subcommittee report back to
Development Services Committee in the fall on a preferred option(s) for moving
forward with a strategy for second suites including a public
consultation/engagement process.
CARRIED
Moved by Deputy Mayor J. Jones
Seconded by Regional Councillor G. Landon
That Report No. 41 - Development Services Public Meeting be received
and adopted.
That the
written submissions from Greg and Tara Knight and Glen Baron, supporting the
application regarding the proposed Zoning By-law amendment (File ZA 06 112355),
Town initiated, to permit a larger building footprint for relocated Heritage
buildings and accessory buildings, be received;
And that the
Development Services Commission Report dated March 20, 2007 entitled
“Town-Initiated Zoning By-Law Amendment to permit a larger building footprint
for relocated heritage buildings and accessory buildings, Markham Heritage
Estates, ZA 06 112355” be received;
And that the
Record of the Public Meeting held on June 19, 2007, with respect to the proposed
amendments to By-law 1229, as amended, be received;
And that the
application by the Town of Markham. to amend By-law 1229, as amended, be
approved;
And further
that the proposed amendment to By-law 1229, as amended, be enacted without
further notice.
(By-law 2007-152)
That the Record of the Public Meeting held on
June 19, 2007 with respect to applications SU 02 119221 (19TM-02019 – Phase 2) and ZA 07 110185 submitted by
Pineshore Developments (Wismer) Inc. for draft plan of subdivision approval and
amendments to Zoning By-laws 304-87 and 177-96, be received;
And that draft plan of subdivision 19TM-02019 – Phase 2 be
referred back to staff for further review and approval under section 2 (b) (iv)
of Delegation By-law 2002-202, as amended.
And that amendments to Zoning By-laws 304-87
and 177-96 to implement draft plan of subdivision 19TM-02019 – Phase 2, be finalized for enactment.
(By-laws
2007-153 and 2007-154)
That the report from the Development Services Commission dated June 19,
2007, entitled “Rice Commercial Group, Application For Zoning By-law Amendment
to permit the construction of industrial and office building, 11258 Woodbine
Avenue”, be received;
That the
Record of the Public Meeting held on June 19, 2007, with respect to the
proposed amendments to By-laws 304-87 and 177-96, as amended, be received.
That the application by the Rice Commercial
Group to amend By-laws 304-87 and 177-96, as amended, be approved;
And that the
proposed amendments to By-laws 304-87 and 177-96, as amended, be enacted
without further notice.
(By-laws 2007-155
and 2007-156)
That the report from the Development Services Commission dated May 15,
2007, entitled “Preliminary Report, Michael Jacobs, Application for Zoning
By-law Amendment to Permit Four Semi-Detached Dwelling Units at 15 Deer Park
Lane, Markham Village, ZA 07 110580” be received;
That the
Record of the Public Meeting held on June 19, 2007, with respect to the
rezoning application submitted by Michael Jacobs to amend By-law 1229, as
amended, be received;
That the
rezoning application by Michael Jacobs to amend By-law 1229, as amended, be
approved;
And that the
proposed amendment to By-law 1229, as amended, be enacted without further
notice.
CARRIED
Council
consented to add Report No. 43.
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
That Report No. 43 - General Committee be received and adopted.
That the deputation by Mr. C.
Shea, President, Markham Soccer Club be received;
And that the report titled
“Replacement Strategy – Loss of Soccer Fields at Markham District High School”
be received;
That
the Unionville/Milliken Soccer Subcommittee be reconstituted and include
Councillors J. Webster, C. Moretti, Regional Councillors G. Landon, J. Heath
and Mayor F. Scarpitti who will work with Town Staff on strategies to deal with
loss of several sports fields;
And that funds be approved to an
upset limit of $1.5 million dollars for the construction of one artificial turf
sports field with lights and associated temporary parking and access;
And that staff work with the
Markham Soccer Club to obtain their input on details for the construction of
the sports field;
And that staff investigate
options with the York Region District School board and the York Region Catholic
School Board with respect to their lands in the East Markham Area and other
areas, for future sportsfields construction;
And that the $1.5 million required
for this project be funded from the Development charges, 90% of the $1.35
million, and the Ramp-up Reserve, 10% or $150,000;
And that staff contact the
Ontario Realty Corporation (ORC) to determine which sites may be available for
temporary usage;
And that staff be authorized and
directed to do all the things necessary to give effect to this resolution.
That the
deputation by Ms. L. Steward, Chair, Markham Race Relations Committee,
regarding the Committee’s request for an amendment to the Terms of Reference
regarding Committee composition be received;
And that the CAO be directed
to appoint one senior staff member to serve as a resource to the Markham Race
Relations Committee;
And that one Member from the
Mayor’s Youth Task Force be appointed to the Markham Race Relations Committee;
And
that the request to amend the Terms of Reference for the Markham Race Relations
Committee be deferred to allow Council to discuss all matters with respect to
diversity and a recommended option with respect to Committee Composition;
And
that this recommended option be forwarded to the Markham Race Relations
Committee for their input prior to going to General Committee for approval.
That the presentation by Mr. D. Black and Mr. B. Hollingshead regarding
the potential sponsorship of an “I Love Markham” board game be received;
And
that $10,000 be granted in sponsorship of an “I Love Markham”
board game with proceeds going to the charitable organization “Centre for
Dreams” and that it be funded through the 2007 Economic Development budget;
And
that the developer(s) of the game liase with the Town’s Communications and
Economic Development Departments to ensure that the content to be included in
the game adheres to Markham policy regarding content and best represents the
character of Markham.
That the
deputation by Mr. L. Smith, Markham Historical Society, regarding the
proposed building strategy for the Markham Ward Building be received;
And
that the report entitled “Options for a Revised Building Strategy for the
Museum Ward Building Reconstruction Project” be received;
And
that staff proceed immediately with renovations to the existing ward building
as proposed and that the $310,000 in funding be drawn from the existing budget
for the project;
And
that the proposal to construct an new building adjacent to the Ward building be
referred to staff to consider options with respect to the location and size of
the building, a funding strategy, potential LEED certification, the federal
grant application and other matters on how to proceed and report back in the
fall 2007;
And
that a meeting be arranged with Minister of Culture, Councillor C. Moretti and
Mayor F. Scarpitti to determine if a provincial contribution for this project
is available.
That
the report entitled “Clegg Road Extension and Cedarland Drive” be received;
And
that staff be authorized to issue a Purchase Order to the Region of York for
underground service connections in Warden Avenue in the amount not to exceed
$400,000;
And
that funding in the amount of $480,000 be provided by Markham District Energy
Inc. (MDEI) for their heating/cooling component of the project;
And
that funding for this project be revised to reflect the credit agreements with
Liberty Development (2015776 ONTARIO INC.) in the current amount of
approximately $3,634,658.10;
And
that the budgeted funding sources for the Clegg Road Extension and Courtyard
Lane be adjusted to reflect the construction award to Advice Contracting
Limited approved by Council on September 26, 2006, as detailed in Appendix A –
Revised Budget;
And
that any previously approved funding from Development Charges (DCA) and Taxes
be returned to the DCA reserve fund and the Capital Contingency project respectively
as detailed in Appendix A – Change vs. Original Budget;
And
that the project name for 083-5350-6740-005 be amended from “Clegg Extension
& Cedarland Dr.” to “Clegg Rd Extension & Courtyard Lane Construction”;
And
further that staff be authorized and directed to do all things necessary to
give effect to this resolution.
That
the report entitled “Facilities and Accommodation Strategic Plan” be received.
And
that Council endorses the concept of the Fire Department re-locating to 8100
Warden Avenue (“8100”) in 2008.
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
That
Committee receive the Noise and Vibration Impact Statement Summary Chart
included as Attachment B to this report and outlining residential concerns
regarding excessive noise and vibrations occurring from the CN Bala/York
Railway Intersection (Thornhill);
And
that staff be directed to initiate and coordinate the following:
And
that Staff be authorized and directed to do all things necessary to give effect
to this resolution.
That the presentation by Ms. M. Brown, Diversity Coordinator, regarding
options with respect to permitting religious symbolism on public property be
received.
That
the report titled “Update of Town of Markham Accessibility Guidelines” dated
June 18, 2007 be received;
And
that the Town of Markham General Committee endorse the Markham Accessibility
Guidelines in principle;
And
that staff receive feedback over the summer months and report back to General
Committee in September 2007 with the recommended guidelines;
And
further that Staff be authorized and directed to do all things necessary to
give effect to this resolution.
That
the 2006 Annual Report from the Markham Fire and Emergency Services (MFES) be
received;
And
that the Fire Prevention Officers for the Town of Markham be recognized for
their efforts in ensuring that smoke detectors and other fire prevention
measures are employed in homes and businesses throughout the Town of Markham.
That Regional
Councillor G. Landon be permitted to attend the Fourth Annual Summit on the
Future of Canada’s Infrastructure in the City of Toronto on September 25 - 26,
2007.
That
$4,000 be granted to the organizers of Markham Fair to partially subsidize the
cost of chartering transportation for the 2007 event and that it be funded
through the Town’s Contingency fund;
And
further that staff enter into discussions with the Markham Fair Board to
determine future requirements.
CARRIED
Council consented to add Report No. 44 and to separate Clauses (12) and (13).
Moved by Deputy Mayor J. Jones
Seconded by Regional Councillor T. Wong
That Report No. 44 - Development Services Committee be received and
adopted.
That the staff report entitled “Markham
Centre/PD 1-7, Area Servicing Requirements”, dated June 19, 2007, be received;
And that the principles of an agreement with
the PD 1-7 developers for the financing of the Hwy 7 sanitary sewer, the
Lonsmount/Sheridan stormwater management facility, storm sewers and the Class
Environmental Assessment for Village Parkway, as set out in this report, be
endorsed;
And that Mayor and Clerk be authorized to
enter into Memorandums of Understanding with developers in the PD 1-7 area
related to the construction and financing of the Hwy 7 sanitary sewer, the
Lonsmount/Sheridan stormwater management facility, storm sewers and Village
Parkway reconstruction, in a form satisfactory to the CAO, Town Solicitor and
Town Treasurer;
And that staff report back to Council on all
agreements necessary to construct and finance the Highway 7 sanitary sewer, the
Lonsmount/Sheridan stormwater management facility and Village Parkway
reconstruction for Council approval;
And that the principles of an agreement with
Lonsmount Construction for the conveyance of easements and property for the
construction of the ultimate Lonsmount/Sheridan stormwater management facility
and storm sewers as set out in this report, be endorsed;
And that the Mayor and Clerk be authorized to
execute an agreement with Lonsmount Construction Ltd. and other related
documents relating to the acquisition of the property and easements over the
lands owned by Lonsmount Construction Ltd, as necessary for the purpose of the construction of a stormwater management
pond and storm sewers based on the principles set out in this report in a form
satisfactory to the Chief Administrative Officer and Town Solicitor;
And that if by July 15, 2007 Lonsmount
Construction Ltd. does not provide the necessary permanent and construction
easements for the storm sewers and the stormwater management facility then
staff be authorized to exercise the storm sewer option on the Sheridan lands;
And that the Mayor and Clerk be authorized to
enter into Crossing Agreements with GO Transit to implement the construction of
the Highway 7 Sanitary Sewer project, in a form satisfactory to the CAO and the
Town Solicitor;
And that staff be authorized to file an
amendment to the Class Environmental Assessment Study with the Ministry of the
Environment for the Highway 7 sanitary sewer, to provide for the construction
of a sanitary sewer on Main Street South Unionville;
And that the Mayor and Clerk to be authorized to enter into agreements
with Ontario Realty Corporation and private property owners as
may be required to obtain the lands and/or easements necessary to implement the construction of the Highway
7 sanitary sewer project in a form
satisfactory to the CAO and the Town Solicitor;
And that if staff are unable to come to an
agreement with affected private property owners related to the property
requirements by August 31, 2007, that the Town Solicitor, be authorized to
apply for approval to expropriate the necessary private properties;
And that the Town Solicitor be authorized to
retain a property appraisal firm, a qualified legal surveying firm, and an
outside legal firm to assist staff with the negotiation or expropriation
procedures pursuant to section 7(1)(h) of the Purchasing By-law (preferred
supplier), to be funded from Engineering Capital Budget account
083-6200-6750-005 (Markham Centre Property Acquisition and Design: Ponds 1-7 and SWM 2) to an upset limit of
$100,000;
And that staff be authorized to do all things
necessary including execution of documents and notices as required by the Expropriations Act;
And that the consultant services to undertake
a Class EA study for the reconstruction of Village Parkway be awarded to SNC
Lavlin Ltd. in the amount of $96,643.80 exclusive of GST, to be funded from the
2006 Capital Budget account 083-5350-7254-005 (Village Parkway Re-alignment)
subject to receipt of funds from developers;
And that the Engineering Department Capital
Budget Account 083-5350-7254-005 for the Village Parkway Class Environmental
Assessment Study be amended to $96,643.80 to be funded by developers;
And that staff be authorized and directed to do all things necessary to
give effect to this resolution.
That the staff report entitled “Milliken
Reservoir & Pumping Station Expansion, Class Environmental Assessment” be
received;
And that the principles of an agreement
between the City of Toronto, the Region
of York and Town of Markham regarding the replacement of soccer fields removed
as a result of the proposed expansion as set out in this report, be endorsed;
And that subject to confirmation from the
City of Toronto and York Region that the principles of agreement are
acceptable, the Municipal Class Environmental for the Milliken Mills Reservoir
and Pumping Station Expansion prepared by the City of Toronto and the Region of
York, be endorsed;
And that in the event that confirmation of
the principles of agreement is not received from the City of Toronto and York
Region before the expiration of the review period for the Class EA, staff be
authorized to notify the Ministry of the Environment of Markham’s objection to
the EA including, if necessary, to request for the Ministry to issue a Part II
Order for the project;
And that the Mayor and Clerk be authorized to
enter into Agreements with the City of Toronto and York Region as required with
respect to the removal and replacement of the soccer fields including the
conveyance of easements, the scheduling of construction and other items
relating to the implementation of the project, in a form satisfactory to the
CAO, the Town Solicitor and the Commissioner of Fire and Community Services;
And that the Mayor and Clerk be authorized to
enter into a lease agreement with the City of Toronto for the placement of
soccer field and baseball diamonds on Toronto’s Milliken site to the
satisfaction of the Chief Administrative Officer, Town Solicitor and
Commissioner of Fire and Community Services;
And that staff report back in the Fall of
2007 regarding the design and operation of the Milliken Mills Park following
completion of the Milliken Reservoir and Pumping Station Expansion project;
And that staff be authorized and directed to
do all things necessary to give effect to this resolution.
That the report titled, “Markham Small Business Enterprise Centre
Business Plan” be received and endorsed;
And that staff be authorized and directed to do all things necessary to
give effect to this resolution.
That the report entitled “Thornhill Vehicular
Infiltration – Yonge Street and Highland Park Boulevard Update” dated June 19,
2007, be received;
And that the existing southbound and
westbound turn prohibitions along Yonge Street, just north of Steeles Avenue,
be removed following a count of current levels of vehicular infiltration on Highland
Park Boulevard;
And that for a trial period a No Through
Traffic restriction be implemented on Highland Park Boulevard between the hours
of 6:30 a.m. – 9:00 a.m., and 4:00 p.m. – 7:00 p.m., Monday – Friday;
And that the
Operations Department be directed to install appropriate signage on Highland Park Boulevard;
And
that the Region of York be requested to install appropriate signage on Yonge
Street;
And
that York Regional Police be requested to enforce the No Through Traffic
restrictions upon installation of these signs;
And that staff conduct a count of vehicular
infiltration levels following implementation of the No Through Traffic
restrictions to determine its effectiveness in comparison to the existing
turning restrictions;
And that staff report back on the relative
effectiveness of both forms of traffic restrictions at the start of 2008;
And that the attached by-law to amend Traffic
By-law 106-71 to include the No Through Traffic restrictions on Highland Park
Boulevard be enacted;
And that residents be notified of the details
of the No Through Traffic restrictions trial period, noting that Highland Park
Boulevard is included within the Top 25 list of enforcement streets for 2007/2008 as recommended by the Markham Safe Streets Task Force;
And that Dr. Dana Cox of Smith Veterinary
Hospital and President Jerry Ambrozic of the Grandview Area Ratepayers
Association be advised accordingly;
And that Staff be advised and directed to do
all things necessary to give effect to this resolution.
(By-law 2007-181)
That the report entitled “All-way Stop
Control for the intersections of (1) William Berczy Boulevard and Cynthia Jean
Street and (2) William Berczy Boulevard and Weatherill Road” dated June 19,
2007, be received;
And that the attached by-law to amend
Schedule 12 of Traffic By-law 106-71 to include an all-way stop control at the
intersections of (1) William Berczy
Boulevard and Cynthia Jean Street and (2) William Berczy Boulevard and
Weatherill Road, be enacted;
And that the Operations Department be
directed to install the all-way stop sign at the subject intersections;
And that York Regional Police be requested to
enforce the all-way stop control upon installation of these signs;
And that Staff be advised and directed to do
all things necessary to give effect to this resolution.
(By-law 2007-180)
That the June 19, 2007 report entitled “Castlemore Avenue Extension, Wismer Secondary Plan” be received;
And that the Mayor and the Clerk be authorized to execute a
construction agreement with Wismer Markham Developments Inc. to complete
Castlemore Avenue west of Highway 48, including intersection improvements at
Highway 48, at its expense, in a form satisfactory to the CAO, Town Solicitor
and Town Treasurer;
And that a capital budget be established for the Castlemore Avenue
intersection to be financed by Wismer Markham Developments Inc., upon execution
of the credit agreement;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
That the report entitled “Markham’s Safe
Streets Strategy – 2006/2007 Results and 2007/2008 Plan” be received;
And that the Traffic Safety Committee and staff report back with a
solution regarding the Police enforcement commitment and traffic calming
concerns as identified in this report;
And that Council endorse the 2007/2008 Top 25 List of Enforcement
Streets as in Attachment ‘C’;
And that Council endorse the 2007/2008 Top 5 List of Education Streets
as in Attachment ‘D’;
And that the Traffic Safety Committee be
authorized to adjust the 2007/2008 Top 25 and Top 5 List as needed;
And that the Markham Safe Streets Task Force
be encouraged to seek the use of photo-radar and the appointment of special
constables;
And that Staff be authorized and directed to
do all things necessary to give effect to this resolution.
That the staff report entitled, “Woodbine
By-pass/Hwy 404 Crossing/Hwy 404 Ramp Extension Update”, dated June 19, 2007 be
received;
And that the deputation from Ms. D. Santo,
MMM Group, outlining concerns with the public consultation process for the
404/Cathedral Flyover project, be received and forwarded to the Region of York;
Woodbine
By-pass
And that Mayor and Clerk be authorized to
execute the necessary agreements with the Region of York and the Hwy 404 North
Developers for the property acquisition, financing and construction of Phase 2b
and 3 of the Woodbine By-pass, in forms
satisfactory to the Chief Administrative Officer and the Town Solicitor;
And that the Mayor and Clerk be authorized to
execute a maintenance agreement for the
Woodbine By-pass with the Region of York to the satisfaction of the Chief
Administrative Officer, Town Solicitor and Commissioner of Community and Fire
Services;
And that staff report back with the necessary
credit agreement to be executed with the 404 North Developers for the financing
and construction of the municipal infrastructure (i.e. sanitary sewers,
watermain, sidewalk, etc.) to service the Secondary Plan Area, subject to the
passage of an ASDC by-law;
And that design and contract administration
of the Carlton Creek culvert replacement be awarded to a consultant engineer to
be selected by staff and the Region of York, on a preferred supplier basis in
the upset limit of $121,157.60 inclusive of GST and disbursements ($119,960
exclusive of GST) subject to receipt of funds from the Region of York;
And that a contingency amount of $15,264
inclusive of GST ($14,400 exclusive of GST) be established to cover additional
design fees associated with the Carlton Creek culvert replacement and that the
Director of Engineering be authorized to approve the expenditure of this amount
up to the specified limit;
And that a 2007 Engineering Department
Capital Budget be created for the Carlton Creek culvert replacement at a cost
of $145,109 inclusive of Engineering Administration Fees and exclusive of GST
to be funded by the Region of York;
Highway 404 ramp extension at
Major Mackenzie Drive
And that staff be authorized to file the
Class Environmental Study for the Hwy 404 ramp extension at Major Mackenzie
Drive with the Ministry of Environment subject to the resolution of the
Ministry of Transportation issues to the satisfaction of the Director of
Engineering;
And that the purchase order for McCormick
Rankin Corporation (P6509 - 404 Northbound ramp extension at Major Mackenzie
Dr., EA) for the preparation of the Class EA be increased by $31,900.00 to
cover the cost of additional preliminary design work required by Ministry of
Transportation, and funded from capital account #083 5350 7272 005, for Highway
404 ramp extension at Major Mackenzie Drive;
404 North Trunk Sanitary Sewer
And that staff be authorized to retain a qualified consulting firm in
accordance with the Town’s Purchasing Bylaw to provide detailed design services
for Phase 2 of the 404 North trunk sanitary sewer to an upset limit of $460,000
subject to receipt of funds from the Hwy 404 North Developers;
And that a contingency amount of $48,760
inclusive of GST ($46,000 exclusive of GST) be established to cover any
additional design fees and that the Director of Engineering be authorized to
approve the expenditure of this amount up to the specified limit;
And that a 2007 Engineering Department
Capital Budget be created for the design of Phase 2 of the 404 North trunk
sanitary sewer in the amount of $536,360 inclusive of Engineering
Administration Fees and exclusive of GST to be financed by the Hwy 404 North
Developers;
And that staff be authorized and directed to
do all things necessary to give effect to this resolution.
That the report entitled “Award of Tender # 050-T-07 Woodbine
North Trunk Sanitary Sewer – Phase 1,”
be received;
And that the letter dated June 19, 2007 from
Mr. S. Cole, Cole Engineering, regarding the cost distribution of the tender
award be received;
And that the tender be awarded to the lowest
price qualified bidder, Pachino Construction Co. Ltd in the total amount of $4,460,642.00 exclusive of GST, subject to the completion of all
conditions as outlined in this report to the satisfaction of the CAO, Town
Solicitor, Town Treasurer and Director of Engineering;
And that a contingency amount of $535,000.00
exclusive of GST be established to cover any additional construction costs and
that the Director of Engineering be authorized to approve expenditure of this
contingency amount up to the specified limit and to provide monthly statements
of these expenditures to the Town Treasurer;
And that a contingency amount of $25,000 exclusive of GST be established to cover any additional
construction inspection and contract administration costs and that the Director
of Engineering be authorized to approve expenditure of this contingency amount
up to the specified limit;
And that staff be authorized to retain a qualified
geotechnical consulting firm in accordance with the Town’s purchasing bylaw to
provide geotechnical and materials testing services during construction for an
upset limit not to exceed $ 65,000 exclusive of GST;
And that staff be authorized to retain a
qualified hydrogeological consulting firm in accordance with the Town’s
purchasing bylaw to provide dewatering monitoring services during construction
for an upset limit not to exceed $85,000
exclusive of GST;
And that a contingency amount of $50,000
exclusive of GST be established to cover the Town’s estimated share of the joint well monitoring program with the
Cathedral Group and that the Director of Engineering be authorized to approve
up to the specified limit;
And that the Capital Budget, account
83-5350-7346-005, be amended to $5,838,835 to be funded based on schedule in
the financial consideration section of this report;
And that the amount of Town financing to the
404 North Employment Lands Developers for their share of the design and construction
of the Hwy 404 Sanitary Sewer be finalized as determined by staff;
And that upon payment of all the invoices,
any remaining funds be returned to the original funding source;
And that staff be authorized and directed to
do all things necessary, including the execution of documents, to give effect
to the above.
That the presentation and draft report entitled “Work Program and Terms
of Reference for Markham Transportation Master Plan” dated June 19, 2007, be
received;
And that the draft Work Program and Terms of Reference for the Markham
Transportation Master Plan be approved in principle by Council;
And that Council endorse the establishment of a Steering Committee to
finalize the terms of reference and to oversee the preparation of the Markham
Transportation Master Plan;
And that Regional Councillors Heath, Jones, Landon, and Wong be
appointed to the Steering Committee;
And that the Markham Transportation Master Plan be renamed to the
Markham Transportation Strategic Plan;
And that the need to design a strategy for dealing with transportation
proposals from other levels of government be included as a transportation issue
to be considered within the Transportation Strategic Plan;
And that staff report back to Council with the final Work Program,
Terms of Reference for the Markham Transportation Master Plan, and the
recommended consultant selection in Fall, 2007;
And that staff be authorized and directed to do all things necessary to
give effect to this resolution.
That the report entitled
“Parking Advisory Committee – Terms of Reference” be received;
And that Council endorse in
principle the Terms of Reference for the Parking Advisory Committee attached as
Appendix “A”;
And
that Council confirm the appointments of Mayor Scarpitti (ex officio), Regional
Councillors Heath, Jones, Landon, and Wong and Councillors Chiu and Virgilio to
the Markham Parking Advisory Committee;
And that Staff be authorized
and directed to do all things necessary to give effect to this resolution.
That the Official Plan Amendment application (OP 06 129531) submitted by The Markhaven Foundation to permit the severance of a property located at the northeast corner of McCowan Road and Major Mackenzie Drive, be approved and the draft Official Plan Amendment attached as Appendix ‘A’ be finalized and adopted;
And that the Zoning By-law Amendment application (ZA 06 129536) to amend By-law 304-87, as amended, submitted by The Markhaven Foundation to permit the severance of a property located at the northeast corner of McCowan Road and Major Mackenzie Drive, be approved and the draft Zoning By-law Amendment attached as Appendix ‘B’ be finalized and enacted;
And that the Ministry of Municipal Affairs be advised of Council’s decision with respect to the applications for Official Plan and Zoning By-law Amendments submitted by The Markhaven Foundation to permit the severance of the property located at the northeast corner of McCowan Road and Major Mackenzie Drive.
(By-laws 2007-182 and 2007-183)
CARRIED
(Regional Councillor G. Landon and
Councillor J. Webster abstained)
That Official Plan amendment applications (OP
04-028705 and OP 05-011355) submitted by Lindvest
Properties (Cornell) Limited for lands south of Highway 7, east of 9th
Line, be approved and the draft
Official Plan amendment attached as Appendix ‘A’ be finalized and adopted, and
forwarded to the Region of York for approval;
And that the letter from Mr. B and Mr. A.
Reesor, outlining various concerns relating to the proximity of a future road
to their property and other issues including noise and traffic impact, be received;
And that Phase 1 of draft plan of subdivision 19TM-06012 (SU 06-114925) located south of Highway 7, east of 9th Line, proposed by Lindvest Properties (Cornell) Limited, be draft approved subject to the conditions outlined in Appendix ‘B’;
And that an additional condition of site plan
approval be that the applicant install three-stream waste disposal chutes
subject to the readiness of Community Services staff to pick up such waste;
And that the zoning applications (ZA
04-028706 and ZA 06-114935), submitted by Lindvest Properties (Cornell) Limited, to implement Phase 1 of
draft plan of subdivision 19TM-06012 (SU 06-114925) south
of Highway 7, east of 9th
Line, be approved and the draft
Zoning By-laws attached as Appendix ‘C’ be finalized and enacted;
And that servicing allocation for 50 townhouse units and 150 apartment units (481.5 population) be granted to Lindvest
Properties (Cornell) Limited subject to written confirmation from the Trustee
of the Cornell Landowners Group that servicing allocation is available from the
total sewer and water allocation granted to the Cornell Community by the Town
and the Region;
And that, prior to issuance of draft plan approval, the owner shall enter into an agreement with the Town of Markham, which agreement shall be registered on title, committing the owner to:
A. Not enter into any agreements of purchase and sale with end users (defined as the eventual homeowner who is purchasing a dwelling or an individual lot containing a dwelling for the purpose of occupancy), for units beyond the first 200 units, until such time as:
a) i)
York Region has advised in writing that it is no earlier than twelve (12)
months prior to the expected completion of the Duffin Creek Water
Pollution Control Plant expansion project and the Southeast Collector Trunk
Sewer project; and
ii) The Council
of the Town of Markham has allocated adequate available water supply and sewage
servicing capacity to the subject development;
or
b) The Town of Markham approves a
transfer of servicing allocation to this development that is not dependent upon
the construction of infrastructure;
or
c) The Regional Commissioner of Transportation and Works
confirms servicing capacity for this development by a suitable alternative
method and the Town of Markham allocates the capacity to this development.
AND
B. Not
enter into any agreements of purchase and sale with non end users for
the subject lands unless the agreement of purchase and sale contains a
condition that requires the purchaser and any subsequent purchasers to enter
into a separate agreement with the Town of Markham, which agreement shall be
registered on title, committing the owner to the same terms as set out in item
A above.
And that, prior to draft plan approval, the Owner shall enter into an indemnity agreement with York Region, which agreement shall be registered
on title, agreeing to save harmless York Region from any claim or action as a
result of York Region granting draft approval of Plan 19TM-06012 or any phase
thereof (beyond the first 200 units), including, but not limited to claims or
actions resulting from, water or sanitary sewer service not being available
when anticipated. The agreement shall
include a provision that requires all subsequent purchasers of the subject
lands, who are not end-users, to enter into a separate agreement with York
Region as a condition of the agreement of purchase and sale, to indemnify York
Region on the same terms and conditions as the owner;
And that the Town reserves the right to revoke or reallocate sewage allocation and water supply should the development not proceed in a timely manner;
And that the applicant agree to pay their
proportionate share of the Highway 48 flow control measures, to the
satisfaction of the Director of Engineering;
And that the applicant provide to the Town the required payment of 30%
subdivision processing fees in accordance with the Town’s Fee By-law (By-law 2007-15);
And that the Site Plan application (SC 06-129543) submitted by
Lindvest Properties (Cornell) Limited to permit a mixed use retail centre on the south side of
Highway 7, east of Bur Oak Avenue, including
a long term Master Plan for the site, be endorsed in principle, subject
to the conditions attached as Appendix ‘D’;
And that site plan approval be
delegated to the Director of Planning & Urban Design or her designate, to
be issued following execution of a site plan agreement. Site plan approval is issued only when the
Director has signed the site plan;
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
(By-laws 2007-184, 2007-185 and 2007-186)
CARRIED
That the report entitled “2007 Economic Development Marketing Plan” be received and endorsed,
And that Staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Council consented to add Motion (1).
Moved by Councillor L. Kanapathi
Seconded by Councillor E. Shapero
That the delegation of Tracy MacKinnon, Unionville BIA, regarding the
amendment to festival name "Jazz on Main", be received.
CARRIED
Council consented to add Communication Nos. 52-2007 to 56-2007.
Council consented to separate Communication No. 46-2007 and to change the festival name of "Jazz on Main" to "Markham Jazz Festival".
Moved by Councillor A. Chiu
Seconded by Councillor D. Horchik
That Council
receive and consent to the disposition of communications in the following
manner:
Roads to be closed
- Main Street Unionville
diagonally at Main Street Unionville Lane - also known as Concession Road
- Main Street Unionville
north to Carlton Road
- Fred Varley Drive at
EJ Lennox Way
Events, Dates and Times
- Unionville Celtic
Festival (
- Markham Jazz Festival (August 17 and 18, 2007 from 6:00 p.m. to 12:00 midnight)
- Unionville Heritage
and Big Band Festival (
(By-law 2007-157)
Info
Council consented to change the festival name of
"Jazz on Main" to "Markham
Jazz Festival"
- September 27, 2007 - 9:00 a.m. to 10:00 p.m.
- September 28, 2007 - 9:00 a.m. to 10:00 p.m.
- September 29, 2007 - 9:00 a.m. to 10:00 p.m.
-
(By-law 2007-159)
Received
(Clause 3, Report No. 42, 2007) (By-laws
2007-155 and 2007-156)
CARRIED
Council consented to add Other Business (7) and (8).
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL PROPERTY
(Pursuant to By-law 178-96)
Moved by Councillor A. Chiu
Seconded by Regional Councillor J. Heath
That the notice of proposed sale for the Town owned lands legally described as Block 15, Plan M-2029, Centurian Drive abutting 8650 Woodbine Avenue, be confirmed.
(In-camera Clause 3)
CARRIED
NOTICES OF PROPOSED SALE
TOWN OF MARKHAM
PROPOSED SALE OF SURPLUS REAL PROPERTY
(Pursuant to By-law 178-96)
Moved by Regional Councillor G. Landon
Seconded by Regional Councillor T. Wong
That the notice of proposed sale for the Town owned lands legally described as Part of Part 10, 65R-14883, be confirmed.
(In-camera Clause 5) (By-law 2007-161)
CARRIED
Moved by Councillor C. Moretti
Seconded by Councillor L. Kanapathi
That the
memorandum dated June 26, 2007 from the Commissioner of Development Services
providing an update with respect to the application submitted by 1617834 Ontario Limited, be received;
And that the application submitted by 1617834 Ontario Limited to permit a restaurant
use at 156 Bullock Drive, be approved;
And that Zoning Application ZA 05 026995
to amend Zoning By-law 1229, as amended, be enacted without further notice.
(By-law 2007-162)
CARRIED
Moved by Councillor J. Webster
Seconded by Councillor C. Moretti
That the
memorandum dated June 26, 2007 from the Commissioner of Development Services
providing an update regarding the application submitted by Pineshore
Developments (Wismer) Inc., be received;
And that Zoning Application ZA 07 110185 to amend Zoning By-laws 304-87, as amended and 177-96, as amended, be enacted without further notice;
And that
servicing allocation for 12 units be granted to Plan of Subdivision 19TM-02019-Phase
2 from the total allocation for the Wismer Commons Community, assigned in
accordance with the
(Clause 2, Report No. 42, 2007)
(By-laws 2007-153 and 2007-154)
CARRIED
Moved by Regional Councillor G. Landon
Seconded by Councillor J. Webster
That the
memorandum dated June 26, 2007 from the Commissioner of Development Services
providing an update regarding the application submitted by 1473092 Ontario
Limited (Metrus Developments), north
of 16th Avenue, east of 9th Line, Cornell Community, be received;
And that the amendments to Zoning By-laws
304-87, as amended and 177-96, as amended, be enacted without further notice;
And that servicing allocation
for 47 units (153.34 population) be granted to plan of subdivision 19TM-01015, Phase 2 from the total allocation for the
Cornell Community, assigned in accordance with the
(By-laws 2007-163 and 2007-164)
CARRIED
Moved by Councillor J. Webster
Seconded by Councillor A. Chiu
That the report dated June 21, 2007 entitled "Volunteer Recognition" be received;
And that staff develop a recognition award for a "Unsung Volunteer of the Year", as detailed in the report;
And that staff be authorized and directed to do all things necessary to give effect to this resolution.
CARRIED
Moved by Regional Councillor T. Wong
Seconded by Councillor L. Kanapathi
That the following persons
be appointed to the Cycling and Pedestrian Advisory Committee for the
term ending November 30, 2010:
Gerald Corbett
David Rawcliffe
Dwight Richardson
Murray Yack
Pratheesh Ratnasingam
And that the following persons be appointed to the Markham Race Relations Committee for the
term ending November 30, 2010:
Rochelle Bowmile (Thornhill)
Nisha Mehta (Milliken)
Heather Christian-Simmonds (Milliken)
Vilvan Gunasingham (Milliken)
CARRIED
Moved by Regional Councillor J. Heath
Seconded by Regional Councillor T. Wong
That the development of a Memorandum of Understanding with the Rouge
Park Alliance for the operation of the Rouge Park be referred to the Director
of Operations for a report back to the General Committee in the Fall.
CARRIED
Council consented to add By-laws 2007-176 to 2007-186.
Moved by Councillor D. Horchik
Seconded by Councillor A. Chiu
That By-laws
2007-142 to 2007-174 and 2007-176 to 2007-186 be given three readings and
enacted.
(Other Business 5)
(Other Business 5)
CARRIED
Moved by Deputy Mayor J. Jones
Seconded by Regional Councillor J. Heath
That Council resolve into an in-camera session to discuss confidential matters.
CARRIED
Moved by Regional Councillor G. Landon
Seconded by Councillor A. Chiu
That Council rise and the Chair report the following from in-camera session:
That the minutes of the in-camera Council meeting held on June 12, 2007, be confirmed.
That the application for cancellation, reduction, or refund of taxes under s. 357(1)(d.1) of the Municipal Act, 2001, be received;
And that the request for assistance be denied and that staff enter into discussions with the applicant to arrange a mutually satisfactory payment schedule for the outstanding taxes, interest and penalties;
And that staff be authorized and directed to take the actions necessary to give effect to this resolution;
And that Council provide a written decision in respect of this application at its meeting of June 26, 2007;
And that staff provide the applicant with contact information regarding the Social Services Network of York Region.
That the report entitled “Sale of Surplus Town Property on Centurian Drive: Block 15 Plan M-2029, abutting municipal address 8650 Woodbine Avenue” be received;
And that Block 15 Plan M-2029, Centurian Drive abutting 8650 Woodbine Avenue be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of June 26, 2007;
And that Staff be authorized and directed to take the actions necessary to give effect to this report.
That staff be authorized to proceed as directed with respect to the confidential property standards and debris by-law issues.
That the report entitled “East Markham Community Centre, Library, and Cornell Fire Station – Property Acquisition” be received;
And that the 2.6366 acre Town owned property at the south-west corner of 16th Avenue and Old Markham By-pass described as part of Part 10, 65R-14883, be declared surplus pursuant to Town of Markham By-law 178-96 and that notice of the proposed disposition of such lands be placed on the agenda for the Council meeting of June 26, 2007;
And that a by-law be enacted at Council on June 26, 2007 authorizing the stopping up and closing of that portion of the Markham By-pass located at the south-west corner of 16th Avenue and Old Markham By-pass described as part of Part 10, 65R-14883;
And that Staff be authorized and directed to take the actions necessary to give effect to this report.
That staff be authorized to proceed as directed with respect to the expropriation of lands in Cornell.
That staff be authorized to proceed as directed with respect to the confidential litigation matter.
That the Chief Administrative Officer be authorized to prepare an information package, together with a covering letter, to be distributed to all residents in the impacted areas advising of the results of the infrastructure report and the actions to be undertaken in response to the report;
And that staff be authorized to proceed as directed with respect to this matter.
CARRIED
Moved by Councillor E. Shapero
Seconded by Deputy Mayor J. Jones
That the report be adopted, approved and confirmed.
CARRIED
Moved by Councillor D. Horchik
Seconded by Councillor L. Kanapathi
That By-law
2007-175 be given three readings and enacted.
CARRIED
Seconded
by Councillor V. Burke
That
CARRIED
Council adjourned at 9:17 p.m.
___________________________________ _____________________________________
SHEILA BIRRELL, TOWN CLERK FRANK SCARPITTI, MAYOR
(Signed)